Queensland to Introduce Mandatory Seller Disclosure Laws

Queensland is set to overhaul its property sales process with the introduction of mandatory seller disclosure laws under the Property Law Act 2023, coming into effect on 1 August 2025. This landmark reform replaces the traditional “buyer beware” model, bringing Queensland in line with other Australian states through one of the most comprehensive disclosure regimes in the country.

What Sellers Must Provide

Under the new mandatory seller disclosure laws, sellers must supply prospective buyers before contract signing with:

• A completed Form 2 – Seller Disclosure Statement, signed by the seller (electronic signatures are allowed).

• A suite of prescribed certificates and documents, including:

  • Title search and registered survey plan

  • Details of any easements, leases, or unregistered interests

  • Zoning information and notices about future transport infrastructure

  • Records of environmental contamination or heritage listings

  • Tree dispute notices, owner-builder disclosures, and any outstanding show-cause or enforcement orders

  • Council rates and water notices

  • Body corporate certificates (for community-titled properties)

The full list of required disclosures is outlined in the accompanying Property Law Regulation 2024.

Who It Applies To, And Exemptions

The disclosure regime applies to most residential, commercial, and vacant land sales, including private treaty and auction contracts made on or after 1 August 2025.

There are limited exemptions, such as:

• Sales between related parties or government entities
• Transactions carried out under a court order or by an executor
• Off-the-plan property contracts
• High-value sales over $10 million, where disclosure is waived by the buyer

Buyer Rights and Consequences

Buyers will have new legal protections under the legislation. If a seller fails to provide the disclosure statement or includes inaccurate or incomplete information, the buyer has the right to terminate the contract at any time before settlement – provided they were unaware of the issue and would not have proceeded had they known.

In some cases, buyers may also be entitled to compensation or a full refund of their deposit.

Impact on Property Transactions

Legal and industry experts have called this the most significant property law reform in decades. Sellers and agents are being urged to prepare early, particularly private sellers who may not be aware of the new requirements. Non-compliance could result in cancelled contracts, delays, or legal disputes.

The cost of preparing the disclosure documentation is expected to range from $600 to $1,500, depending on the complexity of the property and the professionals engaged to assist.

Why It Matters

These reforms are designed to bring greater transparency and fairness to the property market. For buyers, it means critical legal, zoning, and environmental information will be available upfront, reducing the likelihood of nasty surprises. For sellers, it introduces clearer obligations and the need for careful documentation, but it also promotes smoother, more informed transactions.